Tenant Mistakes: New vs Time Value Germany
New Value vs Time Value: What Tenants Need to Know
As a tenant in Germany you often face decisions when the valuation of new value or time value affects compensation, replacement of household items or insurance claims.[1] New value generally means the price for a new purchase, while time value accounts for age and wear. Incorrect assumptions can lead to unnecessary costs or disputes with the landlord.
Common mistakes and how to avoid them
- Missing documentation: Without photos, receipts or witnesses, proving a new-value claim is difficult.
- Unclear claim justification: Vague demands without itemized positions make it easier for the opposing party to reject them.
- Overlooked deadlines: Report damages and lodge complaints within reasonable time limits or you risk losing claims.
- Forms and service: Use clear letters and document the method of delivery.
Practical steps for budget-friendly action
Follow clear steps: photograph visible damage, collect receipts, obtain repair estimates and, if necessary, file a written complaint. Refer in your letter to relevant legal obligations of the landlord or insurance regulations if coverage applies.[1]
- Collect photos and evidence: Note date and location.
- Compare estimates: Get simple repairs quoted before commissioning expensive expert reports.
- Complain in writing: Specify date, scope and deadline.
Courts, deadlines and responsible authorities
Disputes over valuation or cost coverage are generally handled by local courts (Amtsgerichte). For eviction or claims for payment, rules of civil procedure (ZPO) apply.[2] In legally complex cases, decisions of the Federal Court of Justice may be relevant.[3]
Forms and official templates
There is no single official "tenant form" for new value/time value, but the following official sources and regulations are relevant:
- Provisions of the BGB on tenancy (e.g., landlord obligations) form the basis of any claim.[1]
- ZPO forms for lawsuits if court action becomes necessary.[2]
- Federal Court of Justice decisions often provide interpretation guidance on valuation criteria.[3]
FAQ
- What is the main difference between new value and time value?
- New value is the current replacement cost for a new item; time value deducts for age and wear.
- Do I have to accept new value or time value as a tenant?
- No. You can examine the calculation, request evidence and, if necessary, object or take legal action.
- Which deadlines are important?
- Report defects and damage immediately; court claims follow the deadlines of the ZPO.[2]
How-To
- Document immediately: note photos, date and witnesses.
- Gather evidence: secure invoices, receipts and repair estimates.
- Complain in writing: send claim, deadline and reasoning to the landlord or insurer.
- Consider legal steps: contact the local court or legal advice if there is disagreement.
